2017/05/09 City Council Resolution 2017-055RESOLUTION NO. 2017-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK APPROVING THE RAILROAD QUIET ZONE AND ACCESSIBILITY
PROJECT AND RELATED ACTIONS
WHEREAS, the City is partnering with Sonoma County and the City of Cotati in a
regional pursuit of quiet zones; and
WHEREAS, On March 14, 2017, Sonoma County sent out the Notice of Intent (NOI) to
pursue a regional quiet zone with the City of Rohnert Park and the City of Cotati; and
WHEREAS, SMART will make a funding contribution of $50,000 per crossing to assist
local agencies with the costs of installing the infrastructure required to establish railroad quiet
zones by entering into a reimbursement agreement with a local agency; and
WHEREAS, the City has been awarded a Community Development Block Grant to
remove accessibility barriers associated with the Laguna Bike and Pedestrian Bridge Approach
that has a comparable timeline as the SSM installation; and
WHEREAS, staff has carefully reviewed the work associated with the railroad quiet
zone improvements and the accessibility upgrade project for compatibility and recommends
combining the projects into one new Capital Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The Railroad Quiet Zone and Accessibility Project is hereby established in the City's
2016-17 Capital Improvement Program with a total budget of three hundred thirty-
seven thousand four hundred fourteen dollars ($347,414).
2. The City Manager is authorized and directed to execute the "Funding Reimbursement
Agreement" attached hereto as Exhibit A and incorporated herein by reference,
subject to final approval as to form by the City Attorney and City Manager.
3. The Finance Director is authorized and directed to make the budget adjustments and
appropriations necessary for the project with funding from the following sources
a. $228,531 from the City's Gas Tax Fund
b. $100,000 from reimbursements from SMART in accordance with the Funding
Reimbursement Agreement between SMART and the City
c. $18,883 from Community Development Block Grant funds previously award
to the City for the Laguna Bridge Improvement.
DULY AND REGULARLY ADOPTED this 9th day of May, 2017.
CITY OF ROHNERT PARK
`kms. ackenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
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2017-055
Exhibit A to Resolution
FUNDING REIMBURSEMENT AGREEMENT
SONOMA-MARIN AREA RAIL TRANSIT DISTRICT AND CITY OF ROHNERT PARK
THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of
_, 2017, by and between the SONOMA-MARIN AREA RAIL TRANSIT
DISTRICT (SMART), a public entity duly established under the laws of California (District), and
the CITY OF ROHNERT PARK (City).
Recitals
A. The SMART rail corridor, historically known as the Northwestern Pacific Railroad
(NWP), generally parallels Highway 101 running north -south in Sonoma and Marin Counties.
The corridor is owned by the District from Milepost (MP) 68.22 in Healdsburg southward to MP
11.4 in Corte Madera.
B. District is obligated to operate and maintain the rail corridor in accordance with
applicable California Public Utilities Commission (CPUC) and Federal Railroad Administration
(FRA) laws and regulations.
C. District has completed California Environmental Quality Act (CEQA) review and
is proceeding with design and construction of passenger rail service and accompanying multi
use path along an approximately 70 -mile existing rail corridor extending from Cloverdale in
Sonoma County, California, to a location near the ferry terminal in Larkspur, Marin County,
California (the "SMART Rail and Pathway Project").
D. The City intends to establish a quiet zone in accordance with the Federal Train
Horn Rule (49 CFR Part 222) within its jurisdiction.
E. In order to qualify for a quiet zone, the City has determined that it needs to
improve the roadway medians so that they qualify for Quiet Zone Supplemental Safety
Measures (SSMs) at the Southwest Boulevard (MP 46.8) and Rohnert Park Expressway (MP
47.4) grade crossings (City Project).
E. The list of improvements is documented in Exhibit A that is incorporated and
included as part of this Agreement.
F. The District established in its quiet zone policy that it would make crossings quiet
zone ready or provide up to $50,000 per crossing to a municipality that intends to establish quiet
zones in its jurisdiction.
G. Since SMART did not make any improvements to either of the above referenced
crossings, it is willing to reimburse the City for actual costs to upgrade the roadway medians not
to exceed $100,000 for improvements to both the Southwest Boulevard and Rohnert Park
Expressway grade crossings medians.
H. In consideration for the funding of the above improvements the City agrees to
enter into the Construction and Maintenance Agreement that is incorporated and included as
part of this Agreement (Exhibit B).
Page 1 of 6
Exhibit A to Resolution
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, City and District agree as follows:
RECITALS
A. The above recitals are true and correct and are hereby incorporated in and
expressly form a part of this Agreement.
2. COORDINATION
A. City shall coordinate the work with District's Chief Engineer or his designee,
Contact information for the parties' respective representatives is set forth
below:
TI
trict
Gamlen
Chief Engineer
Sonoma Marin Area Rail Transit (SMART)
5401 Old Redwood Highway, Suite 200
Petaluma, California 94954
Phone: 707.794.3330
Fax: 707.794.3037
Email: baamlen(a),san.
4. CITY'S RESPONSIBILITIES
City
Vanessa Garrett
Civil Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Phone: 707-588-2251
Fax: 707-794-9242
Email: warrett c�r_rpCit,
City shall be responsible for all aspects of project implementation, including but
not limited to: planning, engineering, permitting, resolving utility conflicts,
contracting or self -performing the construction activities, managing all aspects of
the project, coordinating with others, and any and all other tasks that may be
required to successfully complete the project.
The City shall be responsible for maintaining the roadway improvements that
make up the City's Project, as well as other quiet zone improvements at other
locations that are within the City roadway jurisdiction.
5. DISTRICT'S RESPONSIBILITIES
The District's role in this project is limited to funding only. The District shall
reimburse City in accordance with Section 6 below for the project. In no way
does the District's commitment to reimburse the City for the project make the
District responsible for any aspect of the City's quiet zone implementation
process.
Page 2 of 6
Exhibit A to Resolution
REIMBURSEMENT PROCEDURES
Within 30 days of receipt of the City's invoice, the District shall reimburse the City
for actual costs associated with the implementation of the City's Project. The
City shall document actual costs by including billings and invoices to demonstrate
actual costs. The total reimbursement amount from District to the City under this
Agreement shall not exceed the total estimated costs set forth in Exhibit A.
7. ADDITIONAL REQUIREMENTS
A. Amendments to Agreement
This Agreement may be amended only by the mutual written consent of both
parties.
B. Notice
Unless otherwise requested by a party, all notices, demands, requests,
consents or other communications which may be or are required to be given
by either party to the other shall be in writing and shall be deemed effective
upon service. Notices shall be deemed to have been properly given when
served on the party to whom the same is to be given by hand delivery or by
deposit in the United States mail addressed to the party as follows:
District: Bill Gamlen, P.E
Chief Engineer
Sonoma -Marin Area Rail Transit District
5401 Old Redwood Highway
Petaluma, CA 94954
City: Director of Public Works
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
When a notice is given by a generally recognized overnight courier service,
the notice, invoice or payment shall be deemed received on the next
business day. When a notice or payment is sent via United States Mail, it
shall be deemed received seventy-two (72) hours after deposit in the United
States Mail, registered or certified, return receipt requested, with the postage
thereon fully prepaid. In all other instances, notices, and payments shall be
effective upon receipt by the recipient. Changes may be made in the names
and addresses of the person to wham notices are to be given by giving notice
pursuant to this paragraph.
C. Governing Law
This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
Page 3 of 6
Exhibit A to Resolution
D. Entire A reement
This instrument and Exhibits contains the entire agreement between the
parties, and no statement, promise, or inducement made by either party or
agents of the parties that is not contained in this written contract shall be valid
or binding; and this contract may not be enlarged, modified, or altered except
in writing signed by the parties.
E. Authority of Cit
The undersigned hereby represents and warrants that he or she has authority
to execute and deliver this Agreement on behalf of City.
F. No Waiver of Breach
The waiver by any of the Parties of any breach of any term or promise
contained in this Agreement shall not be deemed to be a waiver of such term
or provision or any subsequent breach of the same or any other term or
promise contained in this Agreement.
G. Time of Essence
Time is and shall be of the essence of this Agreement and every provision
hereof.
IN WITNESS WHEREOF, the District and the County have executed this Agreement as
of the date first above written.
CITY OF ROHNERT PARK:
By:
Darrin Jenkins
City Manager
City of Rohnert Park
Authorized by City Council adopted on
April 11, 2017
SONOMA-MARIN AREA RAIL TRANSIT
DISTRICT
By:
Page 4 of 6
Farhad Mansourian
General Manager
SMART
Exhibit A to Resolution
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM FOR DISTRICT:
By:
By:
City Attorney Thomas Lyons, SMART Counsel
Page 5 of 6
Exhibit A to Resolution
EXHIBIT A
DESCRIPTION I UM UC qiY COST
Southwest Boulevard Median Improvements LS $ 50,000.00 1 $ 50,000.00
Rohnert Park Expressway Median Improvements LS $ 50,000.00 1 $ 50,000.00
TOTAL $100,000.00
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